Rutter v. Holiday Inn Club Vacations et al
| Toby Lee Rutter |
| Does 1-5, Holiday Inn Club Vacations, Roe Corporations 1-10, Silverleaf Resorts Inc, Orange Lake Resorts and Orange Lake Country Club Inc |
| 3:2020cv00610 |
| March 11, 2020 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Other Statutes: Securities/Commodities/Exchange |
| 15 U.S.C. § 77 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 24, 2020. A more recent docket listing may be available from PACER.
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Filing 30
ELECTRONIC ORDER: The Court ORDERS plaintiffs counsel of record to appoint local counsel, in accordance with Local Rule 83.10, by May 12, 2020. The Court also ORDERS all counsels of record not admitted to practice in this district to apply for admission pro hac vice, in accordance with Local Rule 83.9, by May 12, 2020. Finally, the Court ORDERS the parties to meet by telephone and file a joint status report by May 26, 2020. The joint status report must include a proposed scheduling order. (Ordered by Judge Brantley Starr on 4/21/2020) (chmb)
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| Filing 29 NOTICE of Attorney Appearance by Peter Samir Wahby on behalf of Holiday Inn Club Vacations, Orange Lake Country Club Inc, Orange Lake Resorts, Silverleaf Resorts Inc. (Filer confirms contact info in ECF is current.) (Wahby, Peter) |
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Filing 28
ELECTRONIC ORDER granting #27 Application for Admission Pro Hac Vice of Mark E. Ferrario. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 4/1/2020) (chmb)
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| Filing 27 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Mark E. Ferrario (Filing fee $100; Receipt number 0539-10739614) filed by Holiday Inn Club Vacations (Attachments: #1 Exhibit(s) A - Certificate of Good Standing, #2 Proposed Order) (Wahby, Peter) Modified text to add filing fee infomation on 4/1/2020 (ykp). |
| Filing 26 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (hml) |
| Filing 25 Case electronically transferred in from District of Vermont; Case Number 2:19-cv-00057. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 24
ORDER DENYING AS MOOT #2 Motion to Dismiss for Improper Venue, or in the Alternative, Motion to Compel Arbitration. Signed by Judge Christina Reiss on 3/10/2020. (This is a text-only Order.) (ejh) [Transferred from Vermont on 3/11/2020.]
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Filing 23
ORDER TO SHOW CAUSE Show Cause Response from Plaintiffs' Burke and Lewis due within 14 days: Defendants response due within 14 days thereafter. Signed by Judge Christina Reiss on 3/9/2020. (kp) [Transferred from Vermont on 3/11/2020.]
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Filing 22
OPINION AND ORDER denying #7 Motion to Dismiss, granting in part #7 Motion to Compel Arbitration or to Transfer Claims. The Arbitration Plaintiffs' claims are hereby ordered to arbitration and stayed, during the pendency of the arbitration. The Forum Selection Clause Plaintiffs' claims are hereby ordered transferred. The court denies the Orange Lake Defendants' motions as they pertain to Plaintiffs Tracey Burke and Ronald Lewis. Signed by Judge Christina Reiss on 3/9/2020. (kp) [Transferred from Vermont on 3/11/2020.]
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| Filing 21 SUPPLEMENTAL DOCUMENT(S) by Tracey Burke re #7 MOTION to Dismiss First Amended Complaint for Improper Venue, or in the Alternative MOTION to Compel Arbitration. (Attachments: #1 Contract Documents)(Martin, Joshua) Link added on 3/6/2020 (law). [Transferred from Vermont on 3/11/2020.] |
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Filing 20
ENTRY ORDER: pltfs Ronald Lewis and Tracey Burke to submit their time-share agreements and all related addenda within 14 days. Signed by Judge Christina Reiss on 2/20/2020. (law) [Transferred from Vermont on 3/11/2020.]
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| Filing 19 MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing held on 11/14/2019 re #7 MOTION to Dismiss First Amended Complaint for Improper Venue, or in the Alternative MOTION to Compel Arbitration. Plaintiff notified the court that he would not be present and that he would rest on his papers. Mark Ferrario, Esq., and Christopher Roy, Esq., present for dft. Court makes inquiries. Statements by dft. ORDERED: #7 MOTION to Dismiss First Amended Complaint for Improper Venue, or in the Alternative MOTION to Compel Arbitration taken under advisement. (Court Reporter: Johanna Masse) (jbr) [Transferred from Vermont on 3/11/2020.] |
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Filing 18
ORDER DENYING WITHOUT PREJUDICE #17 Motion to Continue. Plaintiffs' attorney can appear by telephone for the hearing or have another member of his firm appear in person. The motion has been set for hearing since September 11, 2019, and the motion to continue was filed six days in advance of the hearing. Signed by Judge Christina Reiss on 11/12/2019. (This is a text-only Order.) (ejh) [Transferred from Vermont on 3/11/2020.]
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| Filing 17 MOTION to Continue Hearing filed by Jantha Williams. (Attachments: #1 State Court Order)(Martin, Joshua) [Transferred from Vermont on 3/11/2020.] |
| Filing 16 NOTICE of Hearing re: #7 MOTION to Dismiss First Amended Compalint for Improper Venue, or in the Alternative MOTION to Compel Arbitration. Motion Hearing set for 11/14/2019 at 02:00 PM in Burlington Courtroom 542 before Judge Christina Reiss.(jbr) [Transferred from Vermont on 3/11/2020.] |
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Filing 15
ORDER GRANTING #14 Motion for Oral Argument on #2 MOTION to Dismiss for Improper Venue, or in the Alternative, MOTION to Compel Arbitration. Signed by Judge Christina Reiss on 8/27/2019. (This is a text-only Order.) (ejh) [Transferred from Vermont on 3/11/2020.]
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| Filing 14 MOTION for Hearing re #2 MOTION to Dismiss for Improper Venue, or in the Alternative, MOTION to Compel Arbitration filed by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc..(Roy, Christopher) [Transferred from Vermont on 3/11/2020.] |
| Filing 13 REPLY to Response to #7 MOTION to Dismiss First Amended Compalint for Improper Venue, or in the Alternative MOTION to Compel Arbitration filed by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc.. (Roy, Christopher) [Transferred from Vermont on 3/11/2020.] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc. (Roy, Christopher) [Transferred from Vermont on 3/11/2020.] |
| Filing 11 RESPONSE in Opposition re #7 MOTION to Dismiss First Amended Compalint for Improper Venue, or in the Alternative MOTION to Compel Arbitration filed by Shelly Adam, Gwendolyn Barilleux, Tracey Burke, Audrie Cano, Katie Cummings, Brian Glass, Judy Glass, Megan Henderson, Cecilia Iliesiu, Rodney Johnson, Mehdi Ksibi, Selma Ksibi, Douglas Leger, Kathy Leger, Ronald Lewis, Joseph Manno, Lisa Manno, Christy McComack, Erin McComack, Angela Medina, Monica Medina, Patricia Medina, Mary Miller, Richard Rosario, Toby Lee Rutter, Vernon Sams, Manilyn Sanchez, Angela Stephens, Romeal Stephens, Evette Tribes, Calvin Walton, Sherae Walton, Athena Williams, Jantha Williams, Vincent Yi, Kalonna Ziegler, Zane Ziegler. (Martin, Joshua) [Transferred from Vermont on 3/11/2020.] |
| Filing 10 SUPPLEMENTAL DOCUMENT(S) re: #7 MOTION to Dismiss First Amended Compalint for Improper Venue, or in the Alternative MOTION to Compel Arbitration by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc.. (Attachments: #1 Exhibit BB, #2 Exhibit CC)(Roy, Christopher) [Transferred from Vermont on 3/11/2020.] |
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Filing 9
ORDER GRANTING #8 Motion of Mark E. Ferrario, Esq. for Admission Pro Hac Vice. Signed by Judge Christina Reiss on 7/23/2019. (This is a text-only Order.) (ejh) [Transferred from Vermont on 3/11/2020.]
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| Filing 8 MOTION for Appearance Pro Hac Vice of Mark E. Ferrario, Esq. filed by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc. (Attachments: #1 Affidavit of Mark E. Ferrario, #2 Certificate of Good Standing)(law) [Transferred from Vermont on 3/11/2020.] |
| Filing 7 MOTION to Dismiss First Amended Complaint for Improper Venue, or in the Alternative, Motion to Compel Arbitration filed by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit AA, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z)(Roy, Christopher). Added MOTION to Compel on 7/12/2019 (jlh). [Transferred from Vermont on 3/11/2020.] |
| Filing 5 NOTICE OF DOCKET ENTRY REMOVAL. Document 4 has been removed from the docket as pleading can not be filed electronically. (jlh) [Transferred from Vermont on 3/11/2020.] |
| Filing 6 AMENDED COMPLAINT against Does 1-5, Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Roe Corporations, 1-10, Silverleaf Resorts, Inc. filed by Kalonna Ziegler, Cecilia Iliesiu, Judy Glass, Romeal Stephens, Athena Williams, Sherae Walton, Calvin Walton, Zane Ziegler, Douglas Leger, Christy McComack, Richard Rosario, Evette Tribes, Vincent Yi, Ronald Lewis, Jantha Williams, Erin McComack, Joseph Manno, Toby Lee Rutter, Kathy Leger, Angela Stephens, Lisa Manno, Brian Glass, Patricia Medina, Gwendolyn Barilleux, Mehdi Ksibi, Tracey Burke, Shelly Adam, Audrie Cano, Monica Medina, Rodney Johnson, Megan Henderson, Katie Cummings, Manilyn Sanchez, Mary Miller, Angela Medina, Selma Ksibi, Vernon Sams.(jlh) [Transferred from Vermont on 3/11/2020.] |
| Filing 4 Entry has been removed from the docket. [Transferred from Vermont on 3/11/2020.] |
| Filing 3 SUMMONS RETURNED Executed. Orange Lake Country Club, Inc. served on 6/3/2019.(Martin, Joshua) Text clarified on 6/27/2019 (jlh). [Transferred from Vermont on 3/11/2020.] |
| Filing 2 MOTION to Dismiss for Improper Venue, or in the Alternative, MOTION to Compel Arbitration filed by Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Roy, Christopher). Added MOTION to Compel on 6/27/2019 (jlh) [Transferred from Vermont on 3/11/2020.] |
| ISSUED Summons as to Orange Lake Country Club, Inc. (law) [Transferred from Vermont on 3/11/2020.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Holiday Inn Club Vacations, Orange Lake Country Club, Inc., Orange Lake Resorts, Silverleaf Resorts, Inc., Does 1-5, Roe Corporations, 1-10 filed by Douglas Leger, Kalonna Ziegler, Christy McComack, Cecilia Iliesiu, Judy Glass, Romeal Stephens, Athena Williams, Evette Tribes, Richard Rosario, Vincent Yi, Sherae Walton, Calvin Walton, Ronald Lewis, Jantha Williams, Erin McComack, Joseph Manno, Toby Lee Rutter, Kathy Leger, Lisa Manno, Angela Stephens, Zane Ziegler, Brian Glass. (Attachments: #1 Civil Cover Sheet) (pac) [Transferred from Vermont on 3/11/2020.] Modified on 3/11/2020 (hml). |
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